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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 759
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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The mother of my children passed away a few months ago we were

Resolved Question:

The mother of my children passed away a few months ago we were still married but separated years ago she hasn't left a will but her family want me to sign everything over to them where do I stand on this?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
I am sorry to hear about the death of your wife.
I note that you state that your wife died without a will and that you were still married at the time of her death. Your wife's estate will therefore be divided following the rules of intestacy. You will therefore inherit:
all the personal property and belongings of the person who has died
and
the first £250,000 of the estate,
and
half of the remaining estate.
If you were joint tenants on the property then the whole property will pass to you under the Right of Survivorship.
It is therefore very important that you do not sign anything over to your wife's family. It appears as though they are acting underhand to stop you inheriting your entitlement.
Kind Regards
Caroline
Positive feedback is gratefully received.
Customer: replied 1 year ago.
They want me to sign everything thing over to pay off whatever debts are still outstanding and to share the money between my children what do I do?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
They are incorrect. The rules of intestacy are as above.
The debts will need to be paid then as per above if estate is then £250k it's yours.
Ask the family who the executor is - explain this position to them. If they are difficult - instruct a solicitor to write to then confirming the position.
Kind regards
Caroline
Customer: replied 1 year ago.
The mother of my children did leave a statement confirming in the event of her death she wished all her possessions be shared equally between the children is that legally binding because she didn't leave a will?
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

thank you for this information. I note that you are saying that she did not leave a will but did leave a statement. Please can I ask when was the 'statement' made?

Kind Regards

Caroline

Customer: replied 1 year ago.
I'm not sure I do know two of her work colleagues were witnesses on the statement
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
The law currently doesn't allow for any wishes and feelings even if obvious and written down. Your wife would still be classed as intestate and the rules above apply. Your wife would have had to properly execute a will to ensure her wishes would have been carried out.
Does this clarify for you?
Kind regards
Caroline
Customer: replied 1 year ago.

Yes thank you

Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome
Kind Regards
Caroline
Positive feedback is gratefully received
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 759
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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